live in san jose, and expect another day of poor air quality. the entire bay area under an advisory. we're tracking conditions in your neighborhood. helping more people make it in the bay. the first of its kind bay area development, bringing urban farming together with affordable

housing. also, an overnight chase across the bay ends in a crash. new video showing the aftermath. what police are saying about the suspects now in custody. this is "today in the bay." good morning to you on this wednesday. i'm marcus washington. >> and i'm laura garcia. let's get right to our top story this morning. we're in a microclimate weather alert due to the poor air quality. we can all notice it out there. in fact, here is a live look in san jose and along the san mateo bridge. some of the most severe conditions are expected up and down the peninsula. the haze due mostly to smoke from wildfires burning near the oregon border. >> meteorologist kari hall has been tracking those conditions. just yesterday driving around near emeryville, i could see, it rolled down the window and could smell it. today are we getting better or worse? >> it looks like it's going to be the worst in the morning and then getting a little better as we go throughout the day.

we are seeing some of the worst of the air quality all around the bay area, even from santa rosa where we're seeing the measurement of the particulate matter at 160, which puts it in the unhealthy range. san jose seeing measurements at 155. it's pretty much not good anywhere around the bay area. but san francisco seeing some of those numbers now at 189. in palo alto, 152. walnut creek, 163. you do want to limit your outdoor exposure, as we've seen more smoke coming down. we have this area of low pressure set up to our north, and with the counterclockwise wind flow, it's pushing the smoke directly down into the bay area today, and as well tomorrow. as we get into the weekend, the air quality will gradually improve, but we are seeing on the smoke model that we'll see big concentrations and some of the plumes of smoke continuing to come down even into this afternoon, especially for the north bay, the peninsula, into

the south bay, and then seeing more of that smoke coming in possibly by tomorrow. so we're going to continue to track this once again, even though temperatures are much more comfortable we do need to limit time outside due to these unhealthy smoke and air quality conditions. we'll talk more about this and we'll also talk about the forecast in a few minutes. >> thank you very much. if you want to know the air quality in your neighborhood, we've made it easy. all you have to do is go to nbcbayarea.com/airquality. you can type your address into the search box and see what it's like where you live. a warning from pg&e, emergency power shutoffs may be coming to the north bay as soon as tomorrow. here is a look at the map we have for you this morning. now, it shows these areas and the communities that will be affected. so these are the orange areas i'm talking about here. it includes about 4,200

customers and it does include parts of napa and lake county. the shutoffs may be possible starting in the morning. this is all due to windy and dry conditions. in the east bay, meanwhile, pg&e is doing some damage control after a series of power outages in walnut creek. customers who live in the northgate neighborhood expressed their frustration at last night's city council meeting. pg&e says power lines in areas with high wildfire risk can shut off immediately if an object hits the line. the utility admits the outages can extend to areas where wildfire risk is low. one resident who works from home says at least three outages a summer led to hours of frustration. >> i went and did laundry at a place in concord, a walk-in place. >> we're depending upon you with our lives and right now you're letting us down. >> pg&e says it's working on a better solution. they're hoping high-risk lines will be laid underground.

a high-speed chase across the bay ends in a crash and apparent arrest. police telling our photographer at the scene it started about 11:00 last night in san francisco and ending about 40 minutes later in oakland. this is video from where it ended on 7th street. the car crashed into a utility pole. we did see three possible suspects detained and have learned officers apprehended people who ran from the scene. but we're still awaiting confirmation. eight days after making a decision that made national headlines, members of a tiny east bay school district will meet again today. "today in the bay"'s bob redell joins us live at sunol glen elementary school. do we know if today's meeting has anything to do with their banning of the pride flag? >> reporter: we don't. we do not know that yet. good morning to you, laura. we do know the sunol glen special governing board meeting will take place later this afternoon, and that it's possible some parents might rally at or outside the

meeting after last week's decision to not fly the pride flag here at sunol glen. last week they passed a resolution by 2-1 that says the school can only fly the flags for the united states and california on campus. the issue originally arose in june when the sunol glen school flew a pride flag. now, the school superintendent found the board's decision disturbing and says that 90% of the staff supports flying the gay pride flag. parents are pushing to recall trustees who voted to disallow flying the pride flag on campus. one of the board members, linda hurley, explained her decision, i'm quoting here, my vote to fly only the american and state flags was not meant to disparage the lbgtqia community, but to legally protect our small school

from legal action for breaking the supreme court decision shurtleff versus the city of boston. it was indicated that boston refused to fly a christian group's flag. reporting live in sunol, bob redell, "today in the bay." >> thanks for the latest details, bob. we also have a follow-up this morning, oakland one step closer to a new soccer stadium housing two popular teams. council members last night authorized an exclusive six-month negotiating deal with the owners of the roots and sole, two east bay minor league teams in alameda county. plans call for a temporary 10,000 seat stadium build in an overflow parking lot on the property. the teams would agree to a ten-year lease. the a's currently co-own the land and have given no indication about plans to sell or whether they would help

facilitate a soccer project. governor gavin newsom will address global leaders at the u.n. climate summit in new york. the summit focuses on solutions to climate change and new ways to rein in gas emissions. over the weekend, the governor announced a new lawsuit against big oil claiming deception by oil companies and its knowledge about the harm from fossil fuel. today's summit starts at 7:00. santa clara's mayor will join housing leaders today to help open a unique development for people struggling to make it in the bay. these are images of what is billed as the state's largest agrihood, meant for agriculture and living. it happens today on winchester boulevard. it will provide about 350 housing units, including below market units for low-income seniors and veterans. it includes farmers markets and gardening lessons for the people who live there.

ribbon cutting gets under way at 11:00 this morning. meteorologist kari hall, of course, has been monitoring that air quality out there. you walk outside and you can just smell the smoke. >> you can smell it. it's been pretty bad. we really saw conditions worsening yesterday evening, and it's lingering with us today as we get this morning inversion, which pushes any pollutants and smoke and the air quality down to the surface, and we are going to see much of that continue throughout the morning. unhealthy for people who have breathing problems or health conditions. you do want to limit your exposure. we'll start to see things improving by the end of the week. as we take a look at our temperatures, we're looking at highs headed for the upper 70s in milpitas, cupertino 79 degrees, san jose will see a high of 80 degrees, upper 70s and low 80s for much of the east bay, with oakland reaching 72 degrees, and 80 in danville. palo alto reaching 78 degrees, and san francisco mainly in the

mid to upper 60s. in the north bay, expect it to reach up to 86 at ukiah, and napa today reaching 78 degrees. so really mild conditions, but we do need to in your car turn the air on recirculate, and also no outdoor activities, especially during the morning. we'll talk more about that and what's ahead with changes in our weekend forecast. mike, you're tracking gas prices that are also not changing much. >> yeah, not for the better, at least. san jose has got the seventh best price in the state. the bad news is the prices haven't improved. we're looking toward gasbuddy.com where they report $4.85 at the safeway on cottle road. nothing below $5 in contra costa county. $5.05 at concord's costco on monument boulevard. same for san francisco valley, the best price on san jose avenue at best gasoline, $5.09.

the roadways, a smooth drive right now. in the bottom left corner, that would normally register as fog. i think that's actually smoke. kari was helping me sort out what the computer is interpreting, so do keep that in mind as you travel throughout the day. there's to problems for driver visibility right now. we're looking at a smooth drive all around contra costa county. we're still at speed for this early commute. back to you. >> thanks, mike. 5:10 this morning. it turns out, once again, one of the top nation's universities is right here in the bay area. coming up on "today in the bay," just in time for you to fill out those college applications, new rankings of the top u.s. universities. and 30,000 jobs available for the holiday seasons, and, yeah, i just said the holiday season. scott, there's no crying in baseball, and it ain't over until it's over. i said ain't. one of the last few games will have to go above your staardnd

good wednesday morning. the time is 5:14. we're heading to gilroy with a look at the day. we're starting out partly to mostly cloudy, temperatures in the upper 50s. even though we'll see sunshine, it's going to be hazy and still drifts of smoke coming in today. we're tracking the air quality and talking about what's ahead in the full microclimate forecast coming up in a few

minutes. we're tracking volume and speed. speeds holding, this is the headlights at westbound 580 approaching the dublin interchange. you're seeing a smaller build and we expect to see slowing on highway 4 in the next few minutes. we'll track that coming up. good morning. very happy wednesday to you. amazon says it's going to hire a quarter million workers to help it manage the holiday rush. 30,000 of those will be here in california. the company says it has a total of 160,000 direct employees here in the state. instacart debuted on the nasdaq on tuesday. its stock jumped about 12%. not a ton by first-day standards, but a lot. remember, this is the only time instacart actually gets money out of its stock sale. everything after the ipo, every time the stock is bought and sold, well, the company sees none of that.

the fed will announce its interest rate decision later this morning. usually at 11:00 a.m. we expect the open markets committee will not raise rates this time around. the economy has begun to soften and slow just a little bit, which is what the fed was looking for. now, that softening means investors in businesses start to pull back, and that has an effect on workers. case in point, san francisco's airtable says it's cutting more than 250 jobs. now, this is the company's second round of layoffs. it cut another 250 late last year. now, the ceo there, who is the founder as well, tells forbes he's to blame. he got too excited, he says, during the boom times, and he hired people just to see what they could do. if you recall, we interviewed a facebook employee who had nothing to do with the office, and she said she thought she was probably hired to not work

somewhere else during the boom times, they just hired. >> just to take them away. >> if that person is smart, just bring them on. >> they had so much money at that time, you can put these people on standby. >> innovation, you may come up with something. >> exactly, we'll figure out what they do later. >> thanks, scott. giants fans, this one hurts. a game the giants had to have last night in arizona went south quickly, after a joc pederson home run. the giants ended up losing the game 8-4. they're now three games out of the final playoff spot with 11 games remaining. warner bros. discovery max is getting into the live sports game. starting october 5th, the streaming app will offer a live sports tier called bleacher report sports add-on. it will simulcast with events

from tnt, major league baseball, nhl, ncaa march madness. subscribers will get the new tier for free through the end of february. after that, it will cost an additional $10 per month. u.s. news and world report is out with its annual best colleges ranking, and a bay area school lands in the top three. >> stanford tied with harvard at number three. this year's top spot went to princeton, with m.i.t. coming in second. yale lands behind stanford at fifth overall. we should point out cal is tied with ucla at number one overall in top public universities. the rankings cover nearly 1,500 four-year schools offering bachelor degrees focusing on academic quality, graduation rates and student debt levels. >> ucla. >> a baby bruin right here. >> cal is my brother.

>> that's right, the big brother. >> in the end, you'll be tied. that's how it works. >> that's how the parents wanted it. >> exactly. my mother used to say, i love all my children equally. let's get to the air quality today, something that is going to affect everybody. >> absolutely, and we have people that are saying no morning workouts, no morning sports or anything like that, because of the air quality. it's going to be unhealthy to breathe it in. even as we're taking a look at this dark camera over san jose, there is a bit of a haze in the air. that's not fog. that's from the wildfire smoke that's been coming in. overhead we have high pressure that basically creates dry, sinking warm air, and a light wind that creates basically a cap over the bay area. so it pushes down anything that we have near the surface, and then we have a cool layer of air near the surface as our

temperatures have cooled off overnight. that continues to sink down and keeps the smoke at surface levels. so that's what we're seeing happening this morning as you get ready to head out. temperature-wise, it has been much more comfortable, and today we're looking at santa rosa headed for 77 degrees, slightly below what we typically see, and in concord expect a high of 82, when our average high temperature for this date is 85. you can see these numbers are right at or slightly below our usual high temperatures. and then as we go into the second couple of days, we'll turn our attention to something else. a wildfire watch, a fire weather watch, that could start to kick up, especially for the north bay hills and these areas shaded in yellow, with some of those gusts picking up to about 35 to 45 miles per hour for those upper elevations. we're seeing that as we also are getting daily showers and thunderstorms over the sierra, and then for the weekend we start to see a change in the weather pattern, with a low coming in, and it's also going

to bring in some fresher breezes, but may bring in a slight chance of rain for the middle of next week. a lot of the rain looks to stay to the north of us. some of the models are showing that, at least for the north bay, we could see some decent amounts of rainfall totals, possibly one-half to three-quarters of an inch of rain from northern sonoma county northward, while the rest of the bay area may get light amounts of rainfall. that's coming in the forecast next tuesday. between that, we have mild temperatures, improved air quality for friday, which is the first day of fall, late friday night into early saturday. and we'll see our first full day of fall slightly warmer, with low 80s in the inland areas. san francisco will see highs continuing to reach in the 60s. we're going to see low clouds and fog each day. mike, are you seeing a little more traffic out there? >> just a little bit. the berkeley curve we're seeing a smooth flow of traffic west around the curve, and over toward the bay bridge toll plaza. no metering lights or backup at

the toll plaza. no problem for sensors down here. highway 37 and highway 4 are kicking off sensors, changing from green to yellow just a little bit at bay point -- or pittsburg, i'm sorry, and toward concord. we're watching that. there may be some debris, a roadway hazard 680 at highway 4, still waiting to get a little more detail from chp once they arrive on scene. we're looking at a smooth drive throughout the area, walnut creek toward diablo toward the tri-valley, no major issues. 5:22. coming up next, nbc bay area responds. >> scammers tried twice in ten minutes to use a viewer's credit card. her bank pounces, but in the long run the customer is left holding the bag. i'm consumer investigator chris chmura. nbc bay area responds next. before we go to break, we want to give a shout-out to

cinthia pimentel, posting this online yesterday, celebrating her one year work anniversary. congratulations, cinthia! she's brought so much joy to our lives. >> it seems like more than one year. year. >> she fit right in with the

you go by lots of titles veteran, son, dad. -it's time to get up. -no. hair stylist and cheerleader. so adding a “student” title might feel overwhelming.

what if a school could be there for all of you? career, family, finances and mental health. it's coming along. well, it can. national university. supporting the whole you. nbc bay area responds to a south bay woman who was on the hook for more than $1,000, and

she blames her bank. >> she asked consumer investigator chris chmura to check out her problem. >> good morning. she told us her cell phone lit up one morning with a text alert from bank of america. a fraudster tried to charge $2,600 at an electronics store. the bank asked if it was legitimate. she said no, and the bank stopped that scam, which is great news. but seven minutes later, a bank rep called and asked if she was trying again at the same store for $1,300, exactly half the first amount. she said no, not me. well, fast forward. that second charge stuck. she was on the hook for $1,300 and could not convince bank of america she had nothing to do with it, even when she reminded them how one of their reps called her while the fraud was in progress. so hoan contacted us and we

contacted bank of america. it reversed the $1,300 charge but did not issue a statement. cheers to hoan for setting up real time alerts. they're easy, free, and crucial to protecting your account, your credit, and your identity. we recently made a video showing you how to take five other steps to protect your identity. watch it on our website, streaming channels and youtube page. just look for the how-to playlist. >> thanks, chris. 5:26 right now. the top stories we're following today, including new hope for so-called tiny homes. >> plans move forward on a much debated plan for new housing at the current site of a vta maintenance yard. the promise it will provide to the people who need it the most. and you can see the smoke on the map here on your screen, but you know that you can feel it and you can see it. we are talking about how long it's going to last and how you can best

right now at 5:30, tracking poor air quality. we'll take you live this morning to one neighborhood likely to feel it most today. and kari is tracking the outlook for improved conditions. a shocking discovery. oakland police find multiple stolen cars all parked in one driveway. new information on a 911 call that led officers to the surprise discovery. also, san francisco mayor

london breed under fire from the deputy's union. the alleged budget cuts union leaders say go too far. this is "today in the bay." good morning to you on this wednesday. i'm marcus washington. >> i'm laura garcia. let's get right to our top story this morning. a live look from sausalito, a view of san francisco in the distance. if you head outside, you can't help but see and smell the smoke. pretty hazy out there. just one area we're closely monitoring this morning. >> we have team coverage on air quality advisory now in effect. kris sanchez is in the south bay looking at the impact many are likely to see. first we want to start with meteorologist kari hall because you've been monitoring conditions. >> we are seeing smoke drift around parts of the bay area with some of the worst of the air quality settling into the south bay, and some valleys may continue to see a lot of smoke, especially this morning in santa rosa we are seeing unhealthy

readings as well. anything over 150 is in the unhealthy range for everyone, but people who are especially sensitive to particulate matter, if you have breathing problems, you should limit your time outside. we are also seeing some of the numbers measuring really high for the south bay, with san jose seeing the measure of particulate matter at 189, which, once again, is in the unhealthy range. then we take a look at the weather setup, what brought in all of that smoke. we had an area of low pressure off to our north and east, and with this counterclockwise wind flow, it is pushing the smoke directly into the bay area from some fires that are burning farther to the north from the oregon and california border. so as we go into today, we are going to still have smoke coming in, especially as we get that inversion layer in the morning, and that pushes it down toward the surface. but there may be some slight improvement later on this evening, and then it looks to return tomorrow. so we're going to be watching that as we continue to see the smoke moving in that we are all

smelling right now. if you were outside at all yesterday, i'm sure you saw it. all of that smoke settling over the bay area from the wildfires. >> let's check in with "today in the bay"'s kris sanchez live in san jose. what are the conditions like right now? >> reporter: you definitely can smell the smoke, just a little less than maybe yesterday afternoon. my daughter's swim practice ended early because the air quality took such a dive so quickly in those evening hours, and we know we'll be monitoring the air quality later on today for those practices. from sky ranger, you can see the smoke really did impact communities all around the bay area, and for a bit yesterday san francisco had the worst air quality in the nation. not only did people see and smell that smoke, some people said they could feel it in their bodies as well. >> i'm able to breathe a little better. but even still, the air quality has been bogging down -- it just

feels tight. i've been holding my right chest a little, too. >> reporter: the smoke is from those wildfires up near the oregon border, and it was so thick that several bay area law enforcement agencies, including the marin sheriff and santa clara police, had to put out alerts because so many people were calling 911. the weather team expects the smoke will persist in the bay area. we'll get a break later tonight, but then it will pick up again tomorrow. so here are some tips so you can try to protect your family. if you can stay indoors, you want to do that when the air quality is the worst. if you have air purifiers, make sure you run those. in our car, you can put the air on recirculate. if you're sensitive, you can wear an n95 mask, with the little vent in the front that we remember from covid days. that will filter out 95% of the particulates. watch for symptoms like chest

pain, difficulty breathing, coughing and wheezing, elevated heart rate, asthma attack. if you see those with yourself, kids, family, you'll want to talk to your doctor. nbc bay area is updating the air quality report. you can also monitor it while you're on the go. we use sites like purple air and the bay area air quality management district. those are updated throughout the day. if you have kids in sports like me, you'll want to check with their coaches to see what benchmarks they use before they call off practice and it becomes a movie night. kris sanchez, "today in the bay." >> school night, there will be a lot of homework. thanks so much, kris. don't forget, you can monitor air quality conditions in your neighborhood. download our free nbc bay area app. there's the qr code on your screen to the left. you can scan it and it will take you straight to our app. new overnight, police in oakland say officers have recovered multiple stolen vehicles. this is video from the home on

santa rita street near 42nd avenue. police tell our photographer they were responding to reports of gunfire around midnight. when they arrived, they found shell casings, but no victim. during the investigation, they also discovered multiple stolen vehicles in the driveway. police are now starting the process of returning those vehicles to their owners. so far, no arrests. and san francisco mayor london breed is under heat from the san francisco deputy sheriffs association. union leaders claim they were blindsided on recent large-scale budget cuts. members say they learned during a recent labor management meeting that the city recently made cuts to the budget. that includes equipment like body cameras, tasers and ammunition. when confronted, the city reportedly said they didn't have any money. the union says deputies work just as hard as police and have the same goals. >> the mayor seems to be blocking the sheriff from doing

that. this is just another example, she's cut the funding for those items. it almost seems like silent defunding for us and we're trying to help. >> we reached out to the mayor's office for comment, but we haven't heard back just yet. the sheriff's association says it plans to go back and ask for supplemental funding in october. south bay transit leaders are green lighting a plan for transitional housing on vta-owned property. the issue sparked hours of public debate at a recent vta board meeting. but yesterday they ultimately voted to go ahead with the plan. it would create 200 tiny homes near the site of the maintenance yard just off of zanker. the homes are meant to be a stepping-stone toward permanent housing. right now vta offers more than 500 units spread across quick build communities providing homes for 1,500 people. after nearly a month of

unchanged outcomes, striking hollywood writers returned to the negotiating table and studios with streamers, just trying to come to some solution. the last time the sides got together, things did not go well. the sides are far apart in the strike that is now in it's 141st day. all of hollywood remains shut down and striking actors are not tipping their hand in a possible return to the bargaining table. some insiders suggest that it may hinge on the result of these writer guild talks. new this morning, the unexpected surprise for maui high school seniors facing tremendous loss. the high school senior class attended an assembly monday at their temporary campus. the university of hawaii president was there as well, and here is what he told them. >> we are offering every one of you lahaina luna seniors,

including those who made other arrangements after august 8th, a full scholarship to any uh campus. >> how amazing is that? the school's senior class has about 200 students. right now the commitment is for one year starting next fall. the university is seeking funding to extend those scholarships for the full four years. >> i love seeing that. here we go, 5:38, back here at home, taking a live look at the san mateo bridge. folks on the road there, i'm sure they're dealing with what they're all going to deal with today, the air quality. >> as you're driving to work this morning, turn the ac on recirculate inside your vehicle to keep from bringing in the smoke as you're commuting this morning. take a look at all the people already up and out the door in oakland, as we see the hazy conditions and our temperatures starting out in the low 60s. it will be a sunny day and

really nice and comfortable. maybe later on this evening, once the air quality improves just a bit, you'll be able to go out for that walk and spend more time outside. as we take a look at our temperatures, a little cooler than normal with a look at today's high temperature. we are a little bit cooler than what we typically see for this time in september, as santa rosa heads for 77 degrees, san francisco will reach 67 degrees, and san jose reaching 80 this afternoon. so we'll talk more about what's ahead. mike, you're starting with changes in contra costa county. >> one is for the better. we had some debris or some sort of hazard reported 680 at highway 4. that did clear from the blotter. unfortunately, we have more traffic, the build which is predictable over here out of antioch and into concord now, where we see a little slowing. 242 will build, pleasant till toward walnut creek, smooth drive. same for orinda and danville.

slow drive approaching the carquinez bridge, highway 37 getting away from vallejo. a few more hours from now there will be a midday game at the coliseum, that will mean a little more traffic. and then after the game that may blend in with the evening commute. keep that in mind. overnight, we've seen this before, the richardson bay bridge, a note for locals in the area, that might affect your transition onto and off highway 101. a little slowing approaching the golden gate bridge just showed up on our sensors. reports of a deer that was hit, so we're going to check to make sure the traffic flow is there. we'll let them take care of that on the scene. the south bay shows traditional slowing for north 101, volume showing up on our camera. there's the 280/680 interchange in the distance. 5:41 right now.

your standard morning cup of joe leading to an unusual lawsuit in san francisco. still ahead on "today in the bay," one woman now suing mcdonald's after a spill she says left her injured. new allegations straight ahead. congress cannot agree on a defense bill, putting us one step closer to a government shutdown. also, b.a.r.t. cars re-imagined, seeing new life as a place for tvelers to rest their heads. we're going to introduce you to the east bay man bringing that vision to life. keep it right here.

happy wednesday to you. it is 5:44. let's head to cupertino with a look at what to expect today in our planner. start out at 9:00 with a few clouds still lingering, low 60s. even though we're going to have comfortable air, it's going to be still unhealthy to breathe it in, as drifts of smoke come in from wildfires burning farther to the north. so we're tracking air quality, and also changes in our temperatures. more on that coming up in a few minutes. i'm tracking changes in the volume of traffic, backed up at the bay bridge toll plaza, about five minutes since they turned those metering lights on. quickly seeing the backup fill in this area back to about mid parking lot. we'll show you what's going on south of here coming up. new this morning, one customer not loving her recent experience at a san francisco

mcdonald's. she is now suing the fillmore street restaurant claiming she suffered severe burns after spilling coffee. the lawsuit claims employees did not secure the lid of the drink after she bought it at a drive-thru. the suit claims workers did not offer her help. the owner of the franchise is responding, saying in part, quote, my restaurants have strict food safety protocols in place, including training to ensure lids on hot beverages are secure. we take every customer complaint seriously, and when miss childress reported her experience, our employees and management team spoke to her within a few minutes and offered her assistance. we're reviewing this new legal claim in detail. 5:46. attorney general merrick garland will be on capitol hill today. >> scott mcgrew, i know he will face a lot of questions about all sorts of investigations.

>> all sorts of investigations, which i suspect he will not answer, questions about the hunter biden prosecution, questions about several investigations into donald trump. what we may have forgotten as americans is the department of justice tries to be as independent as possible, both from congress and the white house. in prepared remarks delivered ahead of time, garland's opening statement this morning will focus on that, that the doj and its employees pursue justice, not politics. garland is going to say, quote, i am not the president's lawyer. i will also add that i am not congress' prosecutor. the justice department works for the american people. meantime, in the house, a failure to move anything forward and avoid a shutdown at the end of the month. five republicans refuse to vote in favor of a defense bill. >> on this vote, the yeas are 212, the nays are 214.

the resolution is not adopted. >> the failure was an embarrassment for speaker kevin mccarthy. it was, after all, a republican bill, and a defense bill on top of that. mccarthy is having a very hard time convincing a handful in his party to move bills forward. colorado congresswoman lauren boebert has a new challenger, a libertarian, who may not win but the entry into the race may prevent her from winning as well. she won re-election by 600 votes, beating out a democrat who is running again. boebert is in the news often, especially in her home state of colorado. one political analyst there was particularly exasperated with the congresswoman's latest incident that got a lot of attention on social media. i asked kusa for permission to run a clip here. i thought you might be interested to see how the local news there covers her. >> really, the only surprise in all of this is that boebert,

once she got caught, apologized and said that she didn't live up with her values. what? i mean, when boebert didn't know that the cameras were watching, she was exactly who she is when she does know people are watching. boebert reportedly asked the theatre staff, don't you know who i am? yes, we do. >> that's kyle clark on 9 news in denver, who says his station and the rest of the media set the bar too low for boebert, at some point no longer covering her misbehavior, simply because it becomes tiresome. we reached out for a response. trending for you, one man wants to turn historic bay cars into your next vacation rental. >> it started years ago when b.a.r.t. put out a call saying it would give away its now replaced fleet of old train cars for free.

that's where michael lynn comes in. he and his friends are moving one b.a.r.t. car to gold country, hoping to turn it into an airbnb rental. lynn has already secured the land in the sierra foothills and says it's important to save these trains. >> with b.a.r.t., if you think about it, there's very little preservation of trains post 1960, and i've always loved the design, with the sloped nose of the front cars, and it just seems like such a shame to not preserve it in some way. >> lynn says he's demoing the current structure, and if all goes well, his new b.a.r.t. compound will be ready by 2025. as our traffic guy, is that somewhere you would visit? >> i have slept in a b.a.r.t. car before. if i can get a full night's sleep, maybe, and they don't check my ticket. >> no delays. >> do you remember victoria station, it was a restaurant in a train car?

>> that could work. >> old spaghetti factory. i think there's one downtown in san jose. >> i'll try it out. >> if it involves food. >> i'm in. >> food or naps, i'm cool with either one. well, let's get a look at our forecast. we've been talking a lot about our air quality, the smoke coming in, and we are under a microclimate weather alert as a result. it has been a little more unhealthy, especially yesterday evening, and that continues today for people who have breathing problems, especially any health problems, heart problems, limit your time outside today. we're also seeing moderate air quality for the coast, but it has really been settling into a lot of our valleys, as well as the bay. we should start to see things improving by the end of the week. as we take a look at our near-surface smoke commuter model, where you see the blues, greens and yellows, the air quality is not healthy to spend

long periods of time outside. there looks to be slight improvement later on this evening, once we get the sea breeze, but then another drift of smoke will come in by tomorrow morning and that will give us another hazy start to the day and more time to stay inside, perhaps. so our temperatures have been so nice and comfortable, even lower than what we typically see for this time of year, upper 70s and low 80s. we'll be back to those temperatures as we go into this afternoon, with walnut creek reaching 79 degrees, about the same in fremont, and in oakland today we're looking at a high of 72. upper 70s for palo alto, daly city reaching 65 degrees, and san francisco reaching into the upper 60s for today. the north bay temperatures reaching into the upper 70s for napa and 85 for clear lake. so we're looking at the north bay, we're going to be watching that as the winds pick up over the next couple of days for the possibility of fire weather

watch that could potentially turn into a red flag warning when we get closer due to low humidity and high winds, especially for the upper elevations, and under those conditions any fires could start very quickly. then going into the weekend, it looks really nice and we'll be watching out for rain chances across northern california early next week, some of our rainfall estimates for the bay area showing the north bay with the highest rainfall totals, and once again, this is next tuesday to wednesday. we could see the possibility of about three-quarters of an inch of rain starting next tuesday. in the meantime, we have great weather, we're in the last couple of days of summer. and then at 11:50 p.m. on friday, fall officially begins. we can all just drink our pumpkin spice with no shame. we're going to have cooler temperatures as well going into next week, as those rain chances increase next tuesday. mike, you're seeing the commute building up? >> i do. i also know that you have no

shame when you're drinking your pumpkin spice. the bay bridge toll plaza shows a backup, just a slower build now that the metering lights are on. we know it's the same timing we see slowing richmond and through berkeley. slower for highway 37, more backup for highway 4. 242 shows sensors changing as well. this is contra costa county pushing toward alameda county. over here, vasco road out of contra costa county, slows here as well, just under a half hour from marsh creek to 580. in the south bay, north 17, there is some sort of debris just about hamilton. one lane currently blocked. back to you. 5:54 and happening now, the search for a missing senior believed to be at risk. chp issuing a silver alert for this 77-year-old. he was last seen monday afternoon in san jose wearing a black long sleeve shirt and black pants.

he's 5'4" with brown eyes and black hair. anyone who sees him is asked to call 911. coming up next on "today in the bay," fed up with power outages. east bay customers give pg&e an earful. earful. the unusual safety mearessu

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welcome back. well, nbc bay area responds to a south bay woman who has -- who was actually on the hook for more than $1,000, and she blames her bank. >> she asked consumer investigator chris chmura's team to check it out. >> good morning. hoan in san jose told us her cell phone lit up one morning with a text alert from bank of america, a fraudster tried to charge $2,600 at an electronic store. the bank asked if it was legitimate. hoan said no, and the bank stopped that scam, which is great news. but seven minutes later a bank rep called and asked if she was trying again at the same store for $1,300, exactly half the

first amount. hoan said no, not me. well, fast forward, that second charge stuck. she was on the hook for $1,300 and could not convince bank of america she had nothing to do with it, even when she reminded them how one of their reps called her while the fraud was in progress. so hoan contacted us. we contacted bank of america. it reversed that $1,300 charge, but did not issue a statement. cheers to hoan for setting up real time alerts. you should, too. they're easy, they're free, and they're crucial to protecting your account, your credit and your identity. we recently made a video showing you how to take five other steps to protect your identity. watch it on our streaming channels and look for the how-to playlist. >> you can now watch nbc bay area news whenever you want. we are on 24/7 on roku and other streaming platforms.

there you can watch live breaking news, news conferences, and repeats of our newscasts. right now at 6:00, another day of poor air quality. a live look outside in san jose. the entire bay area is under an advisory. we're tracking the conditions in your neighborhood. an overnight chase across the bay area ends in a crash. what police are saying about the suspects now in custody. and facing backlash after a controversial flag ban grabbed national attention, a school board under fire meets again. the fallout still being felt this morning. this is "today in the bay." 6:00 on your wednesday morning. good morning to you. thanks for joining us. i'm laura garcia. >> i'm marcus washington. we want to get right to our top story this morning. we are in a microclimate weather alert. this is all due to the poor air quality. here is a live look across the bay area, the haze due mostly to smoke from those